Legal Opinion

Kira Marie Herald v. South Dakota Department of Social Services; Matt Althoff, Cabinet Secretary, South Dakota Department of Social Services, in his individual and official capacity; Teresa M. Schulte, Administrative Law Judge, in her individual and official capacity; Beth Adsero, DSS Benefits Specialist, in her individual and official capacity; Katie Heck, Regional Operations Manager of Department of Human Services, Long Term Services & Supports Division, in her individual and official capacity; State of South Dakota; Larry Rhoden, Governor of South Dakota, in his individual and official capacity

District Court, D. South Dakota

Decided June 15, 2026No. 4:25-cv-04186Unknown

1Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION KIRA MARIE HERAL, 4:25-CV-04186-KES Plaintiff, vs. ORDER DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY SOUTH DAKOTA DEPARTMENT OF INJUNCTION AND GRANTING SOCIAL SERVICES; MATT ALTHOFF, PLAINTIFF’S MOTION TO Cabinet Secretary, South Dakota EFFECTUATE SERVICE ON NEWLY Department of Social Services, in his ADDED DEFENDANTS individual and official capacity; TERESA M. SCHULTE, Administrative Law Judge, in her individual and official capacity; BETH ADSERO, DSS Benefits Specialist, in her individual and official capacity; KATIE…

2Cases cited18 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Nken v. HolderSupreme Court of the United States · 2009
  3. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  4. Olmstead v. L.C.Supreme Court of the United States · 1999
  5. Roudachevski v. All-American Care Centers, Inc.Court of Appeals for the Eighth Circuit · 2011

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